Also known as: essential elements of a charge, claim, or defense · element · elements
Written by attorneys · grounded in primary & secondary sources — see below
A component of a charge claim or defense that a party must prove or disprove to prevail. When character or a character trait constitutes such an element the trait may be shown through specific instances of conduct.
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Elliot Edmonds directed an innocent agent to move a neighbor's lawnmower into his garage. The agent completed the move and Elliot exercised control over the mower. The prosecution must prove that Elliot obtained actual control as an essential element of larceny.
Eric Espinoza executed a mortgage on his home under a title-theory jurisdiction. The lender now claims legal title while Eric retains only the equity of redemption. Whether the mortgagee holds title is an essential element that determines rights to possession and rents.
Ezra Eastman sued Enigma Technologies for defamation after the company published statements about his honesty. Because truth is a complete defense the company's evidence of specific instances showing Ezra's dishonesty addresses an essential element of its defense.
Erika Echevarria set fire to a vacant building intending that it burn completely. The prosecution must establish that she acted with the conscious object to cause the result as an essential element of arson under the Model Penal Code definition of purposely.
Eugene Ellsworth filed a civil complaint containing several novel legal theories. The court must determine whether each theory rests on a good-faith argument for extension of existing law because that nonfrivolous basis is an essential element the lawyer must satisfy under the professional-conduct rule.
Emma Erickson executed a will while suffering from dementia. The probate court must decide whether she understood the nature and extent of her property and the natural objects of her bounty because those understandings are essential elements of the capacity required for a valid will.
Character is an essential element when it is an ultimate issue that must be proved or disproved for a party to prevail on a charge claim or defense. In such cases Rule 405(b) permits proof by specific instances of conduct in addition to reputation or opinion testimony.
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When character is offered only to show action in conformity with it on a given occasion the evidence is generally inadmissible under Rule 404. The essential-element exception applies only when character itself is the fact to be proved or disproved.
Supporting sources
…of circumstances showing voluntariness. Should there be a retrial, I would leave the State free to attempt to prove these elements. Dissenting — Justice Harlan (joined by Justices Stewart and White) I believe the decision of the Court represents poor constitutional law and entails harmful consequences for the…